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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Good Afternoon I need advice urgently on a civil matter.

Customer Question

Good Afternoon
I need advice urgently on a civil matter. I had an agreement with a company to assist in making a ppi claim. They won a couple of claims after which I did not hear anything from them for almost 2 years. I then instructed another company to assist with the outstanding claim following which I recieved a payment from barclays.
The first company then sent me a bill for that award. I tried to explain to them that i also got another company involved and i needed to be sure who actually won the claim. They were not interested in that and decided to issue a claim against me. I have acknowledged the claim. I then called them and offered to pay them 6 instalments of £200 in order to settle the amount but they refused. I increased this figure to £300 and asked them to put the claim on hold to allow me pay off the amount failure and if i fail to do so then they can continue the proceedings against me. They have refused this offer and insisted that I paid £600 now and then £600 within a month. This is impossible for me as I do not have this kind of money. Please advise me as to what options i have apart from making the full payments in 2 instalments and what I could be facing if the matter gets to court. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know whether you had a signed contract with this company please?
How much are they saying is due?
Customer: replied 1 year ago.

I think I signed to pay 25% of the amount recovered. The amount is £1226.

For me the amount is not is dispute. it is the fact that I have made them a reasonable offer and they have rejected it.

I wonder if this will go in my favour if the matter should go to court. Where do I stand with this.

Expert:  Ash replied 1 year ago.
So two companies have done the same work?
Customer: replied 1 year ago.

well that's what it seems like. Am going to have to contact the banks to confirm who actually won the claim.

Expert:  Ash replied 1 year ago.
Ok. You should contact the bank. Then and only then do you know who to pay. They can't claim a fee if they haven't done any work. As such you are only liable for the one fee.
They can't not do anything and expect to be paid. So find out who did the work and pay them only. If they don't accept it and it goes to court they are not likely to win if they didn't do the work.
Can I clarify anything for hyou about this today please?
Alex
Customer: replied 1 year ago.

Yes Alex, what if in they actually won the claim?

And also my main reason for seeking your services is to know where I stand if they the decide to proceed to court in spite of my offer to pay them in 6 instalments of £200?

What will be my position in this situation?

Expert:  Ash replied 1 year ago.
If they did the work then potentially you can claim it from the second company.
If you made an offer and it was rejected the court can penalise them on costs if it went to court. But it would only ever be a small claim anyway, given the value.
Does that help?
Alex
Customer: replied 1 year ago.

Not really Alex.

Please review my initial question

Will I have any form of defence and if so what would that be?

and also can they get a judgement against me?

Expert:  Ash replied 1 year ago.
Yes. If they did the work you would have no defence in law to the claim as such.
However when it comes to costs you would have an argument under the civil procedure rules part 27.14 that they have acted unreasonably in not accepting the offer.
The rules are here
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27
Does that clarify for you?
Alex
Customer: replied 1 year ago.

Not even close. My question has not been answered. I haven't got the answer to my question. I am really frustrated now

Expert:  Ash replied 1 year ago.
Please advise me as to what options i have apart from making the full payments in 2 instalments and what I could be facing if the matter gets to court.
If the matter goes to Court the Judge will either:
1) Allow the full claim
2) Allow part claim
3) Disallow the claim
Once you get the claim form, you will have a choice to admit, partial admit or defend the claim. If and only if they have done the work you would have to admit or partly admit the claim. At that stage you can offer to pay by instalments.
If that is not accepted to the Claimant then the Judge can rule on whether you would get monthly instalments, which you would.
If they have NOT done the work, then you can defend any claim.
But can you defend it on the basis you have made an offer if they did the work - no. All you can do in that case is offer to pay by instalments. But you would have a potential claim against the company that you paid that did NOT do the work.
But this is why you need to find out who did the work.
Does that help?
Alex
Customer: replied 1 year ago.

Yes that was helpful.

Thank you very much Alex.

Expert:  Ash replied 1 year ago.
Happy to help. Is there anything else I can help with?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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